Page 35 - Act-234-Dangerous-Drugs-Act-1952

Dangerous Drugs 35

customs office, and every person so arrested maybe searched at
any convenient place provided that no female shall be searched
except by a female.

(3) Any police officer or officer of customs making an arrest
under this section may seize and detain any package, receptacle
and conveyance which he has reasonable grounds for believing is
liable to forfeiture under section 30 or to detention under an order
of the Court under section 38.

Examination of arrested person by a medical officer

31A. (1) When any person is arrested on a charge of committing
an offence against this Act—

(a) which is of such a nature; or
(b) which is alleged to have been committed under such
circumstances,

as give reasonable grounds for believing that an examination of
his person will afford evidence as to the commission of an offence
against this Act, it shall be lawful for a medical officer acting at
the request of any police officer not below the rank of Sergeant,
or any other officer in charge of a police station, or any officer
of customs, and for any person acting in aid of a medical officer
and under his direction, to make such an examination or examinations
of the person arrested as may be reasonably necessary in order to
ascertain the facts which may afford such evidence, and to use or
cause to be used such force as may be reasonably necessary for
that purpose.

(1A) For the purpose of preservation of evidence, it shall be
lawful for a police officer not below the rank of Sergeant or an
officer of customs to require an arrested person to provide a specimen
of his urine for the purposes of an examination under subsection
(1) if it is not practicable for the medical officer or the person who
is acting in aid of or on the direction of a medical officer to obtain
the specimen of the urine within a reasonable period.

(1B) Any person who, without reasonable excuse, fails to provide
a specimen of his urine as may be required under subsection (1)
or (1A) shall be guilty of an offence and shall, on conviction, be
liable to a fine not exceeding ten thousand ringgit or to imprisonment
for a term not exceeding four years or to both.